Slip and Fall Accidents

D.C. Circuit Court Refuses Motion for Summary Judgment Against Whole Foods in Slip and Fall Case

November 21, 2013 | Lebowitz & Mzhen

The U.S. District Court for the District of Columbia made a ruling this year in regards to summary judgment motions in slip and fall cases, which may become more relevant as inclement weather becomes more prevalent this fall and winter. In the case, Kindig v. WHOLE FOODS MARKET GROUP, INC., Dist. Court, Dist. of Columbia 2013, the court held that Whole Foods was not entitled to a summary judgment motion, which essentially dismisses the case completely without trial, for a number of reasons. The case has previously been discussed on this blog for other issues.

The lawsuit arose out of an incident where a woman had arrived at her local Whole Foods to shop for groceries. On that particular occasion, the woman said that it had been raining hard for at least the ten minute drive from her prior location to the grocery store. When she arrived, she got her crutches, and began to walk on the sidewalk to the elevator within the parking garage. An employee was unloading produce nearby. According to the woman, it was dimly lit, and she subsequently slipped and fell flat onto her back. The store employee and another man helped her up. She gave her statement to the store, and then went home and called her doctor. She ended up being transported to the hospital by ambulance the next day.

Whole Foods filed a motion for summary judgment, claiming that the plaintiff did not establish that they knew of the dangerous hazard. The court dismissed this argument.

Federal Court Orders Arbitration Between Defendant and Third-Party Defendant in Premises Liability Lawsuit

September 20, 2012 | Lebowitz & Mzhen

A lawsuit arising from a slip-and-fall accident in a grocery store parking lot, Kindig v. Whole Foods Market Group, has taken an unusual journey from a Washington, DC Superior Court to a federal U.S. District Court. After the defendant grocery store company sued the parking lot manager as a third-party defendant, the court ordered the two into arbitration. The court then allowed the plaintiff’s case to proceed.

Marion Kindig allegedly slipped and fell in water in the parking lot of the Whole Foods Market (WFM) in the Georgetown neighborhood of Washington, DC on November 26, 2007. She landed on concrete and reportedly sustained serious lower-body injuries. She filed a premises liability lawsuit against WFM in the Superior Court of the District of Columbia. WFM removed the case to federal court based on diversity jurisdiction. It also filed a third-party complaint for indemnification and/or contribution against the company contracted to manage the parking lot, U.S.A. Parking, and its owner, Solomon Arega.

U.S.A. Parking and Arega filed a motion to dismiss. Arega argued that WFM had no legal basis for holding him individually liable for any obligations of the corporation he owned. The court found that WFM had not pleaded any allegations that would compel the court to disregard the corporate entity, such as allegations that Arega was using the U.S.A. Parking corporation as an “alter ego” or as a means to perpetrate a fraud. It therefore granted Arega’s motion and dismissed him as a third-party defendant.

Supreme Court Rules for Baseball Player in Sports Injury Case on Issue of Litigation Costs

June 28, 2012 | Lebowitz & Mzhen

A professional baseball player, Kouichi Taniguchi, brought an unusual claim to the U.S. Supreme Court. Taniguchi sued a hotel over an injury he sustained falling through a deck. The hotel won the case, and obtained a judgment against Taniguchi for “interpretation costs,” per a provision in federal law. Taniguchi fought this all the way to the Supreme Court, which ruled in his favor in May. The case demonstrates the complex nature of expenses in litigation, and how far some parties will go to get a non-prevailing party to pay, or how far a party will go not to have to pay. The amount in dispute was just over $5,000, which makes the case even more remarkable when one considers the cost of taking a case to trial, let alone to the Supreme Court.

Taniguchi is a professional baseball player from Japan. He reportedly played for Tokyo’s Yomiuri Giants, but left after only seven games due to an injured shoulder. He also played minor league ball in the United States for a time. In November 2006, he visited the Marianas Resort and Spa in Saipan. Saipan is an island in the Northern Marianas Islands, an unincorporated, organized territory of the United States in the Pacific Ocean. During a tour of the hotel, Taniguchi fell through a deck, sustaining injuries.

Court Finds Washington Metro Immune from Claim in Slip and Fall Case

January 20, 2012 | Lebowitz & Mzhen

A Maryland appellate court has overturned a verdict awarding $64,000 to a woman who suffered an injury on a Washington Metropolitan Area Transit Authority (“Metro”) platform. The court found that Metro is entitled to sovereign immunity as a joint agency of the governments of Maryland, Virginia, and the District of Columbia. The decision calls into question the outcome of other pending lawsuits against Metro.

Veronica Tinsley slipped on a wet platform while exiting a train at the Cheverly Station on Metro’s Orange Line in 2007. She fell and broke her ankle as a result. She filed suit against Metro in Maryland state court, arguing that Metro violated its own procedures by mopping the platform during rush hour. She further alleged that Metro failed to post any warnings about the wet platform for riders. These failures breached Metro’s duty of care to its passengers, leading directly to her injuries. A jury found in her favor and awarded her damages.

Metro appealed the decision on the grounds that the doctrine of sovereign immunity precluded any claim for damages. The Maryland Court of Special Appeals agreed with Metro and entered an order in early December overturning the jury verdict and award. The court held that Maryland, Virginia, and the District of Columbia conferred their sovereign immunity protections on Metro when they jointly formed it as a government agency. Congress and the legislatures of Virginia and Maryland passed legislation approving an interstate compact signed by the three governments and authorizing the creation of an entity to manage public transportation across the three jurisdictions. Metro was officially formed in 1967. The interstate compact is the instrument that passed sovereign immunity protection on to Metro.

The doctrine of sovereign immunity generally prohibits suits against the government. It originates from the notion in a constitutional monarchy that the king created the courts and is the source of their authority. As such, the courts have no power to judge the king. The doctrine is practiced slightly differently in the United States today, but the underlying concept remains the same.

Governments may waive sovereign immunity in limited cases, such as in contract disputes. For tort cases such as this one, many states and the federal government have enacted laws that allow claims if the plaintiff first gives notice of the claim and meets various other requirements. The Maryland Tort Claims Act allows claims in certain types of cases but sets a strict limit on the amount of damages.

Washington DC Slip and Fall: An Injury Accident that May Be Grounds for a Lawsuit

July 5, 2011 | Lebowitz & Mzhen

Every year, thousands of people are hurt in slip and fall accidents. While this type of injury accident sounds simple and harmless enough—how dangerous can a simple slip accident while standing be? Our DC premises liability lawyers have seen enough slip and fall injuries to tell you that they can often be painful, debilitating, and costly.

A simple slip on liquid on the ground or a rough patch of ice or any other slippery item on a flat surface or staircase can lead to broken bones, displaced hips, back injuries, and in some cases, traumatic brain injury resulting in death. Whether or not you have grounds for a Washington DC slip and fall case will depend on where the accident happened, who owns the property where the accident occured, and whether there is a premise owner or another party who was responsible for making sure that this type of injury accident didn’t happen.

Usually, the property owner or someone must have cause the spill or other slip hazard, knew that there was a dangerous area but did nothing to remedy or repair it, or didn’t know about it but should have known about the slip danger because that is what a “reasonable” person taking care of the property would have done. Of course, each Washington DC slip and fall case is unique and the specifics of each accident, as well as how much evidence can be gathered, play a role in determining liability. Your case may even require the help of an experienced expert that knows how to prove exactly how your slip and fall accident happened.

Recovery from a slip and fall accident can take months, and for some people, permanent injury can result. An elderly person who shatters his/her hip may no longer be able to walk without the use of a cane or wheelchair. A teenager who strikes his/head against the pavement may die from a permanent brain injury. The sooner you have someone working on your case, the better your chances of obtaining the best outcome possible.

Related Web Resources:
Slip and Fall, Nolo
Slip and Fall, Justia

More Blog Posts:
Washington DC Slip and Fall Accidents Can Cause Hip Injuries, Broken Bones, a Strained Back, and Other Painful Injuries, Washington DC Injury Lawyer Blog, February 23, 2010
Woman Claims Maryland Fall Accident Left Her with a Russian Accent, Maryland Accident Law Blog, June 3, 2010
Former Supreme Court Nominee Robert Bork Settles Slip and Fall Accident Lawsuit With Yale Club, Maryland Accident Law Blog, May 13, 2008

Woman Dies in Washington DC Fall from W Hotel Rooftop

June 30, 2011 | Lebowitz & Mzhen

A woman was killed late Wednesday night when she fell from the rooftop patio of the W Hotel in Washington DC fall accident. According to witnesses, the victim, who had been drinking, climbed over the patio fence and dangled on an overhang before falling 10 stories.

The woman, who has been identified as 47-year-old Stephanie Huebner, landed on the sidewalk. She was pronounced dead at the DC injury site.

Authorities are claiming that Huber’s death was a suicide. However, the DC medical examiner’s office has still not ruled on her cause of death.

Obviously, at this time, the specifics of what happened are not known. Was Huebner’s death an accident or a suicide? Could the hotel have done anything to prevent the fatal from happening? Was the patio designed so that no one could easily fall or jump from there? Was Huebner really inebriated when she fell? Was she obviously under the influence, and if so, did hotel staff serve her liquor even though she appeared drunk? Was Huebner at fault in causing her death? Should someone be liable for her Washington DC fall accident?

Hotel Accidents

Hotels know that accidents can occur on their premises and it is important they make sure that the make sure that the appropriate safety measures in place to prevent such incidents from occurring. Examples of Washington DC hotel accidents that can result in injuries or wrongful death:

• Fires
• Sexual assault
• Pool or spa drownings
• Swimming accidents
• Slip and fall accidents
• Fall accidents from balconies, patios, roofs, or staircases
• Carbon monoxide poisoning
• Physical assault
• Food poisoning
• Step and fall accidents
• Trip and fall accidents
Woman falls to her death from rooftop of the W Hotel, Washington Post, June 28, 2011
Stephanie Huebner dies after fall from W Hotel roof, WJLA, June 29, 2011

Related Web Resources:
Proving Fault in Accidents on Dangerous or Defective Property, Nolo

W Hotels

More Blog Posts:
Washington DC Escalator Accident Injures 52-Year-Old Metro Rider, Washington DC Injury Lawyer Blog, April 28, 2011
Maryland Fall Accident?: Police Probe Death of Man Discovered in Trash Chute, Maryland Accident Law Blog, August 16, 2010
Woman Sues Ocean City, Maryland Hotel Over Carbon Monoxide Deaths of Her Husband and Daughter, Maryland Accident Law Blog, February 21, 2008

Washington DC Slip and Fall Accidents Can Cause Hip Injuries, Broken Bones, a Strained Back, and Other Painful Injuries

February 23, 2010 | Lebowitz & Mzhen

Washington DC slip and fall, step and fall, and trip and fall accidents can cause serious personal injuries that are painful and debilitating. While a fall accident at ground level may sound harmless enough, it can lead to traumatic brain injury, spinal cord injury, and even death.

The Centers for Disease Control and Prevention says that more than 17,000 people in the US die because of trip and fall and slip and fall accidents. 15% of work injuries also occur during these types of falls.

Property owners, including business owners, landlords, homeowners, and the owners of public properties, are supposed to make sure that there are no hazards on a premise that can cause a trip accident, a slip accident, or a fall accident. When failure to clean up the danger and/or to warn about the hazard results in an accident, the injured party may have grounds for filing a Washington DC slip and fall accident lawsuit.